Dividing Contributions and Account Types
This plan likely holds both traditional (pre-tax) and Roth (post-tax) contributions. A forensic review of statements may be necessary to determine the breakdown. These must be divided accordingly in the QDRO. Roth portions should be addressed separately to ensure accurate tax treatment for the alternate payee.
Employee contributions (salary deferrals) are typically 100% vested and easily divisible. Employer contributions may be subject to a vesting schedule and some of those funds may not be available to the alternate payee.

